Barber v. State

• Decision Date: 27 May 2005
• Docket Number: No. CR-03-0737.,CR-03-0737.
• Citation: 952 So.2d 393
• Parties: James BARBER v. STATE of Alabama.
• Court: Alabama Court of Criminal Appeals

952 So.2d 393

James BARBER v. STATE of Alabama.

No. CR-03-0737.

Court of Criminal Appeals of Alabama.

May 27, 2005.

Rehearing Denied July 8, 2005.

Certiorari Denied September 22, 2006. Alabama Supreme Court 1041603.

Benjamin L. Boyanton, Huntsville; Lajuana Sharonne Davis, Montgomery; and Robert B. Tuten, Huntsville, for appellant.

Troy King, atty. gen., and Tracy Daniel and Corey L. Maze, asst. attys. gen., for appellee.

BASCHAB, Judge.

The appellant, James Barber, was convicted of one count of capital murder for the killing of Dorothy Epps. The murder was made capital because the appellant committed it during the course of a robbery or an attempted robbery. See § 13A-5-40(a)(2), Ala.Code 1975. After a sentencing hearing, by a vote of 11 to 1, the jury recommended that the appellant be sentenced to death. The trial court followed the jury's recommendation and sentenced the appellant to death. The appellant filed two motions for a new trial, which the trial court denied. This appeal followed.

The appellant does not challenge the sufficiency of the evidence to support his conviction. However, we have reviewed the evidence, and we find that it is sufficient to support the appellant's conviction. The following summary of the relevant facts, as prepared by the trial court, may be helpful to an understanding of this case:

"Dorothy Epps was seventy-five years old at the time of her death, weighed approximately 100 pounds, and was 5 feet 5 inches tall. She was murdered on or about May 20th or May 21st, 2001, at her home in Harvest, Alabama.

"The Defendant knew Mrs. Epps during her lifetime, had done repair work at the Epps home, and had had a social relationship with one of Mrs. Epps' daughters. There was no evidence of a forced entry by the Defendant into the Epps home, and it is more likely than not that the Defendant gained access to the home easily because of his acquaintance with Mrs. Epps.

"Based upon the physical evidence presented including photographs of Mrs. Epps, before and during the autopsy, photographs of the area of the home where Mrs. Epps' body was found, and based upon the videotaped confession of the Defendant, the Defendant first struck Mrs. Epps in the face with his fist, and at some point thereafter, obtained a claw hammer that he used to cause multiple blunt force injuries to Mrs. Epps which caused her death.

"Dr. Joseph Embry, a medical examiner with the Alabama Department of Forensic Sciences, testified as to his findings from the autopsy he performed on May 23rd, 2001.

"Dr. Embry's examination of the body of Dorothy Epps showed injuries that he classified in several different categories: bruises, cuts and fractures, bleeding over the brain, multiple injuries in hand and arms, rib fractures and bruising in the front of her body, and bruising and rib fractures in the back of the body.

"Dr. Embry found evidence of nineteen different lacerations in the head and seven fractures in the head or skull, injuries to the neck and mouth and left eye caused by blows to Mrs. Epps by the Defendant's fists, and her tongue was bruised and injured from a blow or blows to the head.

"Numerous defensive wounds were found by Dr. Embry, which were obviously inflicted upon Mrs. Epps in her effort to try to ward off the blows. She had bruising in her left palm and forearm, and bruising and injuries to the backs of her hands.

"Mrs. Epps also suffered abdominal and lower chest bruising and she had fractures of her ribs in those areas. The wounds and injuries suffered by Mrs. Epps were consistent with those that would have been inflicted with a claw hammer, according to Dr. Embry.

"Based upon his examination and his experience and training, Dr. Embry testified that the cause of death of Mrs. Epps was multiple blunt force injuries as depicted and described in his testimony, including the photographs that were admitted into evidence.

"It is obvious from the testimony and the photographs that the injuries to Mrs. Epps, inflicted by the Defendant with a claw hammer, occurred over several areas of the part of the house where she was found. It is also clear from the evidence presented and from the photographs that Mrs. Epps was at times facing her attacker, that she was aware of what was happening at the hands of the Defendant. It is also clear that she made efforts to protect herself and get away from the blows being inflicted by the Defendant, and that she suffered great pain and mental anguish at the hands of the Defendant as he was attempting to inflict the blows with the claw hammer that ultimately resulted in her death.

"Dr. Embry also testified unequivocally that Mrs. Epps would have been conscious when she received the defensive wounds and injuries as depicted in the photographic evidence.

"Roger Morrison, who specializes in serology with DNA analysis for the Alabama Department of Forensic Sciences, testified as to his involvement in investigating the crime scene. He testified that there were blood splatters from Mrs. Epps' wounds all around the area where she was found, that there was a good deal of blood on the floor, walls, furniture, and ceiling in the area where she was found. He also testified that he found a bloody palm print on a counter in the area where Mrs. Epps was found. Using DNA testing procedures, Mr. Morrison testified that the blood samples taken from the scene [were] from the victim, Mrs. Dorothy Epps.

"The bloody palm print was examined by Mr. Dan Lamont, a latent print examiner with the Huntsville Police Department, and he compared it to the known palm print of the Defendant, James Edward Barber. Mr. Lamont testified unequivocally that the palm print found on the countertop at the Epps residence was the palm print of the Defendant.

"The Defendant, James Edward Barber, was taken into custody on May 25th, 2001. Investigator Dwight Edger, prior to each discussion he had with the Defendant, read to him his Miranda rights and each time the Defendant acknowledged that he understood his rights and agreed to talk to Investigator Edger. The Defendant confessed to the commission of this crime, admitting that he struck Mrs. Epps with a claw hammer, grabbed her purse, and ran out of the house. Mrs. Epps' purse was never recovered nor was the claw hammer recovered."

(C.R. 271-72.)

The State also presented the following evidence:

Paul Desmet testified that George and Dorothy Epps owned a farm; that the Epps had an airstrip/runway and airplanes on the farm that they let other people use; and that, before the victim was killed, her husband had informed some of the people who used the runway that he was going to be out of town and had asked them to help by mowing the runway and checking on the victim. He also testified that he and his girlfriend went to the Epps' farm around 5:00 p.m. on Sunday, May 20, 2001, to do some mowing; that one of the other pilots was there and was already mowing; that he knocked on the back door and heard the television playing and dogs barking, but no one answered; that he looked in the back door to the right and yelled, but did not get a response; that he did not remember looking to the left; that he did not notice anything out of the ordinary; and that they stayed for fifteen to twenty minutes and left. Desmet further testified that he called the victim's house on Monday night, but he did not get an answer. Finally, at about 8:30 p.m. on Tuesday, May 22, 2001, he went back to the Epps' house; that he went to the back door and noticed that everything looked like it had on Sunday; that the television was playing, the dogs were barking, and the lights were on; that he looked in the door to the left and noticed that a stool had been knocked over and that there was an uncharacteristic mess on the floor; that he went in the door, yelled for the victim, looked to his left, and saw the victim on the floor; that he saw a large pool of blood on the floor; that he believed that the victim was dead; and that he immediately contacted law enforcement authorities.

Michael James Beedard testified that he kept his airplane at a hangar on the Epps' farm; that he went to the farm between 3:30 p.m. and 4:00 p.m. on Sunday, May 20, 2001, to mow the grass and check on the victim; that he spoke to the victim briefly at that time; and that he left around 7:00 p.m. He also testified that, when he was leaving, he noticed Liz Epps' white Honda Accord station wagon under a carport at a guest house. However, he noted that he had not noticed that vehicle when he arrived that afternoon.

Investigator Brian Chaffin of the Madison County Sheriff's Department testified that he responded to a call at the victim's house at approximately 9:16 p.m. on May 22, 2001; that the victim's dead body was inside of the house to the left of the back door; that he saw a pool of blood and bloody footprints on the hardwood floor; that there were bloody footprints on the victim's back; that there was a bloody palm print on the countertop; that the bloody palm print had dried; that the bloody palm print was photographed and a portion of the countertop was collected; and that there were blood spatters against the counter and a refrigerator. He also testified that, at approximately 11:30 p.m. on May 24, 2001, he and other officers located the appellant and a female at a motel; took the appellant into custody; took the appellant to meet with Investigator Dwight Edger; and took the appellant's fingerprints and palm prints.

Esther Braswell testified that the appellant rented an apartment in the basement of her house in May 2001. She also testified that, on Sunday, May 20, 2001, she saw the appellant as she was on her way to go to church; that, when she returned around noon, the appellant's van was gone; that, around 3:00 p.m. or 4:00 p.m., the appellant called and asked her if she could cash a $50 check for him; that she said that she could not, but that she could loan him $30; that the appellant said that h...